A.

Improvement Standards.

1.

Standards for design and improvements of subdivisions and other developments shall be in accordance with the applicable sections of this title, the city's general plan, any specific plans adopted by the city, the requirements of Title 15 of this code, Arroyo Grande Standard Plans for Public Works Construction, and such other standards as may, from time to time, be adopted or recognized by the city council, and incorporated into this chapter by reference.

2.

In the absence of a standard for an improvement, the city engineer may establish a standard in keeping with good construction and engineering practices.

B.

Improvement Plans Required.

1.

All improvements constructed or installed in subdivisions or other residential, commercial or industrial developments shall be in accordance with detailed plans and specifications as approved in writing by the city engineer prior to commencement of the improvement work.

2.

All improvements plans shall be submitted to the city engineer, and shall be approved by him or her before submitting a final map to the city council, or before commencing construction if no final map is required.

3.

All improvements constructed or installed in subdivisions or other residential, commercial, or industrial developments, other than rough grading for physical access, whether such work is required by the city or is done at the option of the developer, shall be in accordance with plans and specifications as approved by the city engineer.

4.

Improvement plans shall be required for all improvements, whether installed before or after recordation of the final map or equivalent if a final map is not required.

5.

Contractors shall secure an encroachment permit for all work done in connection with subdivision or other residential, commercial or industrial development projects within public right-of-way.

6.

The improvement plans shall show the location of all existing improvements, electrical, natural gas, telephone, and any other service facilities.

7.

Improvements proposed or required within state highway rights-of-way shall be located in the improvement plans and designed to California Department of Transportation standards. Prior to approval by the city engineer the subdivider or developer shall acquire the Department of Transportation's approval of such improvements.

8.

All improvement plans shall be prepared by a registered civil engineer. The improvements shall be completed by each subdivider or developer as required, prior to acceptance of the final tract map or equivalent if a final subdivision map is not required, unless otherwise secured as provided in this chapter.

(Prior code § 9-15.010)

A.

General Street Design.

1.

All streets, highways, alleys and ways shall be designed and constructed in accordance with Arroyo Grande Standard Plans for Public Works Construction incorporated into this chapter by reference, and the Arroyo Grande general plan.

2.

The street system in the proposed land division shall be related, in general, to the existing streets in the area adjoining the proposed land division.

3.

The proposed street plan shall give consideration to the future land division of adjoining undivided property.

4.

All streets shall be designed to serve the proposed use of the abutting land.

5.

Part-width boundary streets in a land division adjacent to undivided land shall have a minimum width of one-half street section plus one driving lane. The additional dedication shall be acquired from the adjacent undeveloped property at the time it develops.

6.

Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage structures, and other facilities related to land division improvements.

7.

Design of streets shall make provisions for parkways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.

8.

Whenever lots of a proposed land division are located on a cul-de-sac that is more than six hundred (600) feet in length to the center of the turnaround, a secondary access shall be provided, unless the cul-de-sac serves twelve (12) or less lots or is waived as part of the tentative map review. If secondary access is waived, adequate fire protection measures shall be required. Documentation and improvement for such access shall be established as part of the tentative map review.

9.

Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension of such street. Dead-end streets shall be so designed that access to abutting property shall be physically possible. A satisfactory temporary turnaround may be required, as well as the installation of a standard barrier, to prevent ingress and egress.

10.

Denial strips identified by a number, where required to control access over certain lot lines or over the ends of street subs, shall be dedicated to the city.

11.

The minimum center line curve radius on streets shall be designed to accommodate the following speeds:

a.

For major, arterial and collector streets, thirty-five (35) miles per hour;

b.

For all other streets, twenty-five (25) miles per hour.

B.

Private Streets.

1.

Private streets may be permitted when it is determined that there is adequate provisions for their construction and continued maintenance, that the welfare of the occupants of the development will be adequately served and that it will not be detrimental to the public health, safety or general welfare.

2.

All streets that are permitted to be private, whether offered for dedication or not, may provide for access control by land division design, posting or gating. Gating shall subject the project to additional fire protection measures approved by the fire chief.

3.

Interior streets of residential planned developments or specific plans, if not offered for dedication, shall be constructed at widths approved by the city engineer.

4.

When a special design for a cul-de-sac, length of a street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this chapter or in the Arroyo Grande Standard Plans for Public Works Construction, the design shall be submitted to the city engineer for approval.

5.

Sidewalks shall be required to be constructed in conjunction with dedicated or nondedicated private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in accordance with the city improvement standards.

6.

Improvement plans, agreements and bonds shall be required for all dedicated and nondedicated private streets in accordance with the applicable provisions of this chapter.

C.

Street Grade.

1.

Street grades for local streets may exceed fifteen (15) percent only when engineering design shows that the grade is safe and the lesser grade would deny access to land appropriate for use. Design of streets with grades exceeding fifteen (15) percent are subject to the approval by the fire chief.

2.

Street grades of less than 0.50 percent may be approved only when engineering design show that local drainage provisions are adequate and steeper gradients cannot be obtained. The utilization of combinations of steep and minimum gradelines as a means of generating embankment materials for onsite tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades that will be in conformance with the existing terrain.

3.

The minimum cross fall across intersections shall be four-tenths of one percent.

D.

Street Alignment.

1.

All street intersections shall be at right angles, plus or minus five degrees, unless otherwise approved by the city engineer.

2.

Centerline offsets of less than two hundred (200) feet shall not be permitted, except that in special design cases offsets of less than five feet may be used when approved by the city engineer.

3.

Curb Returns:

a.

A minimum curb return radius of twenty-five (25) feet shall be provided at intersecting streets designated as collector or local streets.

b.

A minimum curb return radius of thirty-five (35) feet shall be provided when one or both of the intersecting streets is designated as an arterial or greater.

c.

In hillside areas, the curb return radius may be modified if required because of the topography, subject to city engineer approval.

E.

Alleys.

1.

Improved alleys not less than twenty (20) feet in width may be approved at the rear of all lots intended for industrial, commercial and multiple-family uses.

2.

Alley intersections shall have minimum corner cutbacks of twenty-five (25) feet.

3.

Dead-end alleys shall provide an adequate turnaround for emergency vehicles and trash trucks and shall be approved by the fire chief.

F.

Curbs, Gutters and Sidewalks.

1.

Sidewalks shall be required to be constructed in conjunction with public and private streets, unless they are determined by the approving body to be unnecessary, considering the rural nature of the development and pedestrian circulation needs. Sidewalk construction shall be in accordance with the city's adopted improvement standards.

2.

Except as otherwise provided in this section, upon an application for a building permit, the installation of concrete curbs, gutters, and sidewalks along the full frontage of the parcel to which the building permit applies, to the grades and locations approved by the director of public works, shall be required in any district other than the A, AG, RE, RH and RR districts. This subdivision shall in no way be construed as to preclude the city's right to require concrete curbs, gutters, sidewalks, street paving, and necessary dedications in any district within the city. If an exception is requested for any permit, regardless of the district within which the construction is permitted, it shall not be considered effective without the written approval of the director of public works, pursuant to this section.

3.

In the event a frontage has been previously improved with concrete curbs, gutters, and sidewalks, the installation shall be subject to inspection by the public works director prior to the final approval of the construction for which the building permit was issued. In the event the existing concrete curb, gutter and/or sidewalk is damaged or fails to meet acceptable grades established for the frontage, the permittee shall be required to remove and replace those portions found unacceptable.

4.

Where, in the opinion of the public works director, such installation of concrete curbs, gutters, and sidewalks is not desirable at the time the building permit is applied for, due to extreme drainage conditions, location, grading, or where no grades have been established, an exception to the requirements set forth in this section may be granted, provided a cash deposit is made to the city clerk to guarantee installation when directed to do so by the city.

5.

In the case of property having frontage exceeding one hundred (100) feet, the amount of curbs, gutters and sidewalks required shall be based on a normal lot frontage, as determined by the public works director.

6.

Any person may appeal any determination of the public works director regarding the installation of concrete curbs, gutters, and sidewalks to the planning commission pursuant to Section 16.12.150.

G.

Walking Paths, Bicycle Paths and Horse Trails. The city may require the dedication of walking paths, and equestrian and other trails for public use when such paths are deemed to be necessary to further the goals and objectives, policies, or programs of the general plan. In addition, and in conjunction with required street dedications, a project sponsor may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the development. If a subdivision is involved, such dedication requirements shall only be made if the subdivision as shown on the final map thereof contains two hundred (200) or more parcels or is an environmental impact mitigation measure.

(Prior code § 9-15.020)

A.

General Provisions.

1.

The minimum design for facilities which control drainage of storm water generated within a subdivision or other residential, commercial, or industrial development, or for floodwater flowing into or crossing a subdivision or other residential, commercial, or industrial development shall be based on a storm having a frequency of once in one hundred (100) years.

Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a subdivision or other residential, commercial or industrial development shall be submitted for approval to the city engineer. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a subdivision or other residential, commercial or industrial development shall be submitted for approval to the city engineer.

2.

Watercourses shall be shown as easements when required by the staff advisory committee, and storm drains shall be placed in easements when public rights-of-way are not available or adequate. The staff advisory committee shall require watercourses to be placed entirely in underground conduits, adequately fenced, or otherwise improved in accordance with the city's adopted improvement standards and this chapter. Where sumps are approved to handle drainage as an interim solution, feasible easements shall be provided for necessary channels and sump areas. Fences required for watercourses and sumps shall meet the requirements set forth in the city's adopted improvement standards and this chapter.

3.

The use of streets for flood control and drainage purposes may be prohibited by the city engineer if the use thereof is not in the interest of the public health, safety and welfare.

4.

When the city engineer permits the use of streets for flood control and drainage purposes, the ten (10) year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, and the one hundred (100) year frequency design discharge shall be contained within the street right-of-way. If either of these conditions is exceeded, additional flood control facilities shall be provided.

B.

Flood Control.

1.

The city engineer shall review the hydrologic calculations submitted by the subdivider or developer, and determine the adequacy of peak discharges of off-site floodwaters impinging upon the subdivision or other residential, commercial or industrial development from which protection must be provided.

2.

Improvement plans for flood control facilities to control floodwater flowing into or crossing a subdivision or other residential, commercial or industrial development shall be approved by the city engineer.

3.

After receipt of an acceptable tentative map, or other equivalent application for a discretionary permit for development pursuant to this title, the city engineer shall recommend conditions to be imposed. He or she may also require that a flood hazard report be furnished by the subdivider or developer. A flood protection study review fee as established by city council resolution shall be paid upon the submittal of the hydrology report to the planning director.

There shall be no flood protection study required for reverting subdivided lands to acreage.

C.

Drainage.

1.

Improvement plans for drainage facilities to control drainage or storm water generated within a subdivision or other residential, commercial or industrial development shall be approved by the city engineer.

2.

In subdivisions or other residential, commercial or industrial development where grading is not proposed, the following criteria are established.

a.

Where streets on sustained gradients cross natural drainage courses, adequate culverts shall be provided to accommodate, the one hundred (100) year storm with maximum ponding to an elevation two feet below the road centerline profile grade, provided diversion of ponded water into another drainage area will not result therefrom.

b.

Runoff in natural drainage courses exceeding the ten (10) year storm may be permitted to overtop the roadway in dip sections where, in the opinion of the city engineer, topography, soil conditions, adjacent development and available all-weather routes indicate its feasibility. If permitted, the roadway embankment slopes shall be adequately protected.

c.

Culverts of adequate size, but not less than eighteen (18) inches in diameter or equal, to prevent the ten (10) year storm from overtopping the roadway shall be provided in dip section, or as approved by the city engineer.

d.

Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the city engineer.

e.

When a subdivision or other residential, commercial or industrial development substantially changes, concentrates or increases the natural flow of surface water onto adjacent property, one of the following shall be required:

i.

The water shall be directed to an adequate outlet which is either existing or will be constructed as part of the subdivision or development;

ii.

The subdivider or developer shall obtain a recordable easement or written agreement for drainage purposes across the affected property; or

iii.

The subdivider or developer shall, at a minimum, be required to provide onsite retention facilities for the incremental increase in runoff which will be created by the subdivision or development.

D.

Design Requirements for Post Construction Stormwater Compliance.

All new development or redevelopment projects that create and/or replace greater than or equal to two thousand five hundred (2,500) square feet of impervious surface (collectively over the entire project site) must comply with the Design Requirements for Post Construction Stormwater Compliance adopted by the city and incorporated herein by this reference.

(Prior code § 9-15.030)

(Ord. No. 660, § 5, 2-25-2014)

A.

Street Lighting.

1.

Unless otherwise waived by the city engineer for developments within the RH and RE districts, the provision of street lights shall be a requirement of all tentative tract maps and other residential, commercial or industrial development for which a subdivision is not involved.

2.

At a minimum, a subdivider or developer of a residential, commercial or industrial development for which a subdivision is not involved shall construct or enter into an agreement to construct prior to acceptance and approval of a final map or equivalent approval if a subdivision is not involved, a street lighting system of either:

a.

A utility-owned system consisting of standard electroliers customarily furnished by the utility or other design approved by the utility and the city engineer; or

b.

A municipally-owned system consisting of reinforced concrete or steel standards with underground wiring or other design approved by the city engineer.

3.

If a utility-owned system is installed, the subdivider or developer of a residential, commercial or industrial development for which a subdivision is not involved shall be liable for and shall pay charges of such utility attributable to such installation.

4.

If a municipally-owned underground system is installed, the subdivider or developer of a residential, commercial or industrial development for which a subdivision is not involved shall be liable for and shall pay all costs incurred in installing the entire system and appurtenances thereof.

5.

Installation of street lighting shall be underground and shall be in accordance with plans and specifications of or approved by the utility owned system and the city engineer.

B.

Street Tree Planting. Requirements for street tree planting are contained in Section 12.16.030.

(Prior code § 9-15.040)

A.

Purpose and Intent. The purpose of this section is to implement policies of the general plan by requiring new development to place existing overhead utilities underground or contribute to a fund that shall be used solely for the conversion of overhead utilities to underground utilities. These policies further the public health, safety and welfare by: (1) increasing the aesthetic appearance of residential, commercial and mixed use areas by avoiding or eliminating the concentration of overhead service and distribution facilities, (2) promoting the safe and orderly control of pedestrian and vehicular traffic along streets, roads or rights-of-way, and (3) providing a coordinated and economical method of placing existing utilities underground.

B.

Applicability.

1.

Service Drops.

a.

All projects (discretionary or ministerial) that involve the addition of over five hundred (500) square feet of habitable space shall be required to place service connections underground.

b.

Service connections that require offsite work—if the cost of work to underground off-site portion of the service connections as determined by standard construction estimation techniques by the building official or director of public works, is greater than twenty-five (25) percent of the overall cost of the project, exclusive of utility undergrounding, the city shall either waive the requirement to underground the service connection or fund a portion of the cost sufficient to reduce the cost to less than twenty-five (25) percent.

2.

Utility Distribution Lines.

a.

Unless otherwise exempted by law or the provisions of this section, the requirement to place utilities underground shall apply to all tentative tract and parcel maps, conditional use permits and variances. Additionally, where permitted by applicable law, the city council may require the undergrounding of utility lines as a condition of approval of an application for an extension of time for the above designated project types.

b.

Underground installation is required of all overhead electrical distribution lines of less than one hundred fifteen thousand (115,000) volts, utility service connections, telephone, cable television and similar service wires or cables which:

i.

Provide direct service to the property being developed; or

ii.

Are existing and located within the boundaries of the property being developed; or

iii.

Are existing between the property line and the centerline of the adjacent streets of the property being developed; or

iv.

Are located along or within six feet of the front property line of the property to be developed.

c.

To the greatest extent feasible, all undergrounding of utilities shall preclude the installation of new poles unless it is necessary to replace an existing pole that is deemed to be in unsatisfactory condition.

C.

In-Lieu Fee. On the basis of a formal written request to the approving authority, an in-lieu fee may be considered instead of the required undergrounding of utilities for the following:

1.

Projects located within duly established underground utility districts.

2.

Tentative parcel maps if special and unique circumstances exist, as determined by the planning commission or city council, such as the presence of a disproportionate amount of wires and utilities on the property, which prevent an economically feasible conversion.

3.

Infill mixed use projects on an existing lot less than ten thousand (10,000) square feet in which the residential component consists solely of four or less rental apartments.

4.

Upon the recommendation from the director of public works or the community development director that such requirement for undergrounding would be detrimental to economic development, affordable housing or the provision of other public amenities or benefits.

D.

Reduced In-Lieu Fee. For projects that are eligible for consideration of in-lieu fee as set forth in subsection C of this section, the approving authority may require the payment of a reduced fee totaling between ten (10) percent and fifty (50) percent of the standard fee for any of the following:

1.

The cost of undergrounding or the calculated in-lieu fee, separately will exceed forty (40) percent of the proposed project cost exclusive of undergrounding, as determined by standard construction estimation techniques by the building official or director of public works.

2.

City initiated economic development and streetscape enhancement projects authorized by the city council.

3.

Projects providing affordable housing units in excess of city requirements.

E.

Calculation and Collection of Fees.

1.

Underground utility in-lieu fees shall be calculated per linear foot of frontage for each side of the property with overhead utility lines on or off of the project property that would have been required to be placed underground.

2.

Underground utility in-lieu fees shall be paid prior to issuance of the final map or building permit.

3.

The amount of the underground utility in-lieu fee shall be established by resolution of the city council.

4.

Underground utility in-lieu fees collected by the city shall be deposited in a separate fund and shall be used solely for the planning, design, administration and implementation of utility undergrounding.

F.

Responsibility for Compliance. The applicant or owner is responsible for complying with the requirements of this section, and he or she shall make all necessary arrangements with the appropriate utility company for the installation of such facilities. When arrangements are made with the serving utility company, a letter stating that arrangements have been made for underground facilities and such other comments the utility company may have regarding easements, utility locations, and other pertinent matters must be submitted by the utility company to the city engineer. Plans and specifications for such utility undergrounding shall be sized to accommodate other utilities and are subject to the approval of the city engineer.

(Ord. 602 § 2, 2008)

(Ord. No. 688, § 4, 10-24-2017)

A.

Additional improvements to be installed by each developer or subdivider shall include, but not be limited to, the following: water lines, gas, and other utility services to serve each lot and stubbed to the property line prior to paving; fire hydrants; sanitary sewers and laterals to serve each lot and stubbed to the property line prior to paving; silt basins or other forms of erosion control where required; and street and traffic control signs.

B.

Off-site improvements may be required as follows:

1.

The development of water storage facilities or financial contributions for the improvement of any existing source of water supply and the construction of transmission lines from that supply to the proposed development;

2.

The development of trunk sewer lines or financial contributions for the improvement of any existing sewage disposal system and the construction of transmission lines from the proposed improvements to the site of disposal;

3.

When flood zones or other lawful special purpose zones are established by the council, the subdivider or developer shall pay the fee set out for the particular zone in which the subject land lies;

4.

Properly graded, drained and improved paved access roads; and

5.

The extension of any other utilities.

Agreements may be made, upon the approval of the council for reimbursements by future developers for facilities required by the city to the extent that such facilities are in excess of the sizes, lengths and locations needed to serve the subdivision or project involved. Requests for reimbursements shall be made in writing at the time of submitting the final map or equivalent documentation if a subdivision is not involved.

(Prior code § 9-15.060)

Any act or obligation required as a condition of the approval of a final tract or parcel map, or any act, obligation, or environmental impact mitigation measure required as a condition of the approval of a residential, commercial, or industrial development for which a subdivision is not involved, and for which acts are to be undertaken or obligations will exist beyond final project approval, shall be guaranteed by execution of a suitable agreement in a form prescribed to be reviewed and approved by the city engineer and city attorney. The agreement shall include the following minimum terms and conditions:

A.

Construction of all improvements as set forth in the approved plans and specifications;

B.

The maximum period within which all improvements shall be completed to the satisfaction of the city engineer;

C.

In the case of a deferred improvement agreement, the agreement shall provide for the commencement of the construction of all required improvement within ninety (90) days of receipt of a notice to proceed from the city upon a finding by the city engineer that fulfillment of construction requirements is immediately necessary for the reasons of:

1.

The public health and safety, or

2.

The required construction is a necessary prerequisite to the orderly development of the surrounding area;

D.

Provisions for inspection of all improvements by the city engineer and payment of fees by the subdivider or developer for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement;

E.

A provision that, if the subdivider or developer fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted by the city, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of the cost and expense until paid;

F.

That in the event of litigation occasioned by any default of the owner or subdivider, his or her successors, or assigns, all costs involved, including reasonable attorney's fees, shall be paid by the owner or subdivider, his or her successors, or assigns, and that the same may be recovered as part of a lien against the real property;

G.

The agreement shall bind not only the present owner, subdivider, or developer, but also his or her heirs, successors, executors, administrators and assigns so that the obligations run with the real property;

H.

All agreements shall be executed by the owner, developer, or the subdivider of the property or land being divided, with all signatures acknowledged before a notary public. Where required by the city attorney, the agreement shall be recorded in the office of the county recorder at the expense of the owner, subdivider or developer;

I.

Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this title.

(Prior code § 9-15.070)

A.

Requirement. The city may require that improvements installed by a subdivider or developer for the benefit of the subdivision, or other development if a subdivision is not involved, shall contain supplemental size, capacity or number for the benefit of property not within the subdivision, and that such improvement be dedicated to the public pursuant to Section 66485 and 66486 of the Subdivision Map Act.

B.

Supplemental Improvement— Reimbursement Agreement. Where the subdivider or developer is required to install supplemental improvements pursuant to the provisions of this title, the city shall enter into an agreement to reimburse the subdivider or developer pursuant to Section 66486 of the Subdivision Map Act.

(Prior code § 9-15.080)

Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement or obligation required as a environmental impact mitigation measure or condition of approval of any final map, lot line adjustment, or lot merger, and not completed or otherwise satisfied prior to recordation of the map, or any act or obligation required as a environmental impact mitigation measure or condition of the approval of a residential, commercial or industrial development for which a subdivision is not involved, for obligations that will exist beyond final project approval, unless otherwise provided in one of the following forms at the option and subject to the approval of the city engineer:

A.

A bond or bonds by one or more duly authorized corporate sureties;

B.

A deposit with the city of cash;

C.

An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the city;

D.

An irrevocable letter of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the city engineer, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss;

E.

An irrevocable assignment and delivery of a passbook account, together with the entitlement to insurance of the account, in a financial institution subject to regulation by the state or federal government, pledging, agreeing and covenanting that the city may redeem, collect and withdraw the full amount of the account at any time and without notice, and further pledging, agreeing and covenanting that the funds stated or shown to be in the assigned account are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor or the depository.

(Prior code § 9-15.090)

Security to guarantee the performance of any act or agreement shall be in the following amounts except as otherwise provided by subsection (c) of Section 66499.3 of the Subdivision Map Act:

A.

An amount determined by the city engineer equal to one hundred (100) percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement. The total estimated cost of the improvement shall provide for increase for projected inflation computed to the estimated mid-point of construction;

B.

An additional amount determined by the city engineer equal to fifty (50) percent of the total estimated cost of the improvement, or the performance of the required act, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act;

C.

An additional amount equal to ten (10) percent of the estimated cost of the improvements for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

(Prior code § 9-15.100)

Improvement security may be released upon the final completion and acceptance of the act or work; provided, however, such release shall not apply to the amount of security deemed necessary by the city engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the city in enforcing any improvement agreement. When appropriate, such release shall be recorded in the office of the county recorder.

(Prior code § 9-15.110)

In addition to any other remedy provided by law, upon the failure of the subdivider or developer to complete any improvement, acts or obligations within the time specified in the improvement agreement, or upon failure of the subdivider or developer to faithfully comply with the terms and provisions of this chapter or any improvement security given thereby, the city council may, upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days, served by registered mail addressed to the last known address of such person, determine that the foregoing have not been complied with or the work has not been completed, and may cause to be forfeited to the city such portion of said improvement security given for the performance of the foregoing.

(Prior code § 9-15.120)

Certificates for taxes and special assessments, as prepared by the tax collector, and security for unpaid taxes and special assessments shall be furnished as required by Article 8, of the Subdivision Map Act.

A.

If the certificate shows that there are no liens against the subdivision or any part thereof for unpaid taxes or special assessments collected as taxes, the city clerk shall certify that such certificates have been filed and shall transmit the final map to the county recorder without placing the matter on the agenda of the city council.

B.

If the certificate shows that there are no liens against the subdivision or any part thereof for unpaid taxes or special assessments collected as taxes, except for taxes or special assessments that are not yet payable, the divider shall file with the city clerk acceptable security in the amount determined by the tax collector as necessary to pay the taxes and special assessments which are a lien but not yet payable. Upon approval of the security by the city council, the city shall certify that such certificates and security have been filed and shall transmit the final map to the county recorder without placing the matter on the agenda of the city council.

C.

Acceptable forms of security for taxes shall be as provided in Section 16.68.090 for security for improvements; provided, however, that a cash bond shall be required to guarantee the payment of taxes in the amount of two thousand five hundred dollars ($2,500.00) or less.

(Prior code § 9-15.130)